Study On Textile Special Safeguard Under The WTO Law System

With the invalidation of the Agreement on Textile and Clothing, trade on textile and clothing has been brought into the GATT system entirely. As the largest exporting country in the world, China would face great opportunity and challenge. On one hand, China will benefit from the facts of abolishment of quota. On the other hand, the increasing export of textile and clothing cause to great pressure to the textile industry of many other countries, major importing countries and regions of China's textile and clothing have carried out different kinds of restraints. These restraints are based on textile special. safeguard system contained in Section 242 of Report of Working Party on the Accession of China. Based on the detailed analysis of Section 242 of Report of Working Party on the Accession of China and the related legislation of the US and EU, this paper try to find out some constructive suggestion to china's textile industry.The paper comprises five chapters. The first Chapter mainly introduces the legal environment of china's textile trade of two different periods around the WTO coming into effect. It reviews the evolution from Short Term Arrangement on Textiles to Multifibre Arrangement and introduces the main content of Agreement on Textiles and Clothing.The second chapter analyzes textile special safeguard system contained in paragraph 242 of Report of Working Party on the Accession of China. It first analyzes the legal explanation and criteria of China's textile special safeguard, then introduces the procedural and substantial provision of the implementation of the textile special safeguard.The third Chapter introduces the relevant domestic regulations of USA and EU. On analyzing the real reasons underlining this action, it discusses the problems existing in the application process.The fourth chapter advances several suggestions on how to solve the problems brought by the initiation of textile special safeguardThe last Chapter is the summary of this paper's main indication and viewpoints. Textile special safeguard clause is one of the most disadvantageous commitments in China's WTO accession documents, we must try to reduce the side effect to the minimum and fully enjoy the benefit from textile globalization.